设立国际油污损害赔偿基金公约3.doc

设立国际油污损害赔偿基金公约设立国际油污损害赔偿基金公约(附英文附英文) (3)CONSIDERING FURTHER that the economic consequences of oil pollutiondamage resulting from the escape or discharge of oil carried in bulk atsea by ships should not exclusively be borne by the shipping industry butshould in part be borne by the oil cargo interests,CONVINCED of the need to elaborate a compensation and indemnificationsystem supplementary to the International Convention on Civil Liabilityfor Oil Pollution Damage with a view to ensuring that full compensationwill be available to victims of oil pollution incidents and that theshipowners are at the same time given relief in respect of the additionalfinancial burdens imposed on them by the said Convention,TAKING NOTE of the Resolution on the Establishment of an InternationalCompensation Fund for Oil Pollution Damage which was adopted on November29, 1969 by the International Legal Conference on Marine Pollution Damage,HAVE AGREED as follows: A. General Provisions Article 1For the purposes of this Convention:1. “Liability Convention“ means the International Convention on CivilLiability for Oil Pollution Damage, adopted at Brussels on November 29,1969.2. “Ship“, “Person“, “Owner“, “Oil“, “Pollution Damage“, “PreventiveMeasures“, “Incident“ and “Organization“, have the same meaning as inArticle I of the Liability Convention, provided however that, for thepurposes of these terms, “oil“ shall be confined to persistent hydrocarbonmineral oils.3. “Contributing Oil“ means crude oil and fuel oil as defined insubparagraphs (a) and (b) below:(a) “Crude Oil“ means any liquid hydrocarbon mixture occurringnaturally in the earth whether or not treated to render it suitable fortransportation. It also includes crude oils from which certain distillatefractions have been removed (sometimes referred to as “topped crudes“) orto which certain distillate fractions have been added (sometimes referredto as “spiked“ or “reconstituted“ crudes).(b) “Fuel Oil“ means heavy distillates or residues from crude oilor blends of such materials intended for use as a fuel for the productionof heat or power of a quality equivalent to the “American Society forTesting and Materials' Specification for Number Four Fuel Oil (DesignationD 396-69)“, or heavier.4. “Franc“ means the unit referred to in Article V, paragraph 9 of theLiability Convention.5. “Ship's tonnage“ has the same meaning as in Article V, paragraph10, of the Liability Convention.6. “Ton“, in relation to oil, means a metric ton.7. “Guarantor“ means any person providing insurance or other financialsecurity to cover an owner's liability in pursuance of Article VII,paragraph 1, of the Liability Convention.8. “Terminal Installation“ means any site for the storage of oil inbulk which is capable of receiving oil from waterborne transportation,including any facility situated off-shore and linked to such site.9. Where an incident consists of a series of occurrences, it shall betreated as having occurred on the date of the first such occurrence. Article 21. An International Fund for compensation for pollution damage, to benamed “The International Oil Pollution Compensation Fund“ and hereinafterreferred to as “The Fund“, is hereby established with the following aims;(a) to provide compensation for pollution damage to the extentthat the protection afforded by the Liability Convention is inadequate;(b) to give relief to shipowners in respect of the additionalfinancial burden imposed on them by the Liability Convention, such reliefbeing subject to conditions designed to ensure compliance with safety atsea and other conventions;(c) to give effect to the related purposes set out in thisConvention.2. The Fund shall in each Contracting State be recognized as a legalperson capable under the laws of that State of assuming rights andobligations and of being a party in legal proceedings before the courts ofthat State. Each Contracting State shall recognize the Director of theFund (hereinafter referred to as “The Director“) as the legalrepresentative of the Fund.Article 3This Convention shall apply:1. With regard to compensation according to Article 4, exclusively topollution damage caused on the territory including the territorial sea ofa Contracting State, and to preventive measures taken to prevent orminimize such damage;2. With regard to indemnification of shipowners and their guarantorsaccording to Article 5, exclusively in respect of pollution damage causedon the territory, including the territorial sea, of a State Party to theLiability Convention by a ship registered in or flying the flag of aContracting State and in respect of preventive measures taken to preventor minimize such damage. B. Compensation and indemnification Article 41. For the purpose of fulfilling its function under Article 2,paragraph 1(a), the Fund shall pay compensation to any person sufferingpollution damage if such person has been unable to obtain full andadequate compensation for the damage under the terms of the LiabilityConvention。